The National Green Tribunal (NGT) dismissed a petition filed seeking direction to the Comptroller Audit General of India to file a report within 6 months on the amount of loss caused to elephant habitats and their pathways across the nation by an audit using satellite imaging and drones.  

The application filed by one  S. Muralidharan further seeks direction to the Union of India to recover and re-establish elephant habitats and migratory corridors for elephants to move around, as they did for 1000s of years, based on the audit report.

During the course of argument, Counsel for the applicant could not point out any material justifying such a relief as also the jurisdiction of the NGT in this regard.

On perusal of the petition, the Principal Bench of Justice Prakash Shrivastava , Justice Sudhir Agarwal and Dr. A. Senthil Vel found the applicant has pleaded about the basic nature and habits of the elephants and threat of their survival on account of human elephant conflict. A plea has also been raised that on account of Government decision to reopen the brick kilns illegally, there is a spur in human and elephant deaths.   

“Wildlife (Protection) Act, 1972 is not a Scheduled Enactment under the NGT Act, 2010. Applicant, present in person, has failed to point out any substantial issue relating to compliance of provisions of the Scheduled Enactments which confers jurisdiction upon the Tribunal under Section 14 and 15 of the NGT Act, 2010,” the NGT observed.

The National Green Tribunal (NGT) directed the Haryana Pollution Control Board (PCB) to visit the site, find out when occupancy of the society was allowed by developer/builder Sewage Treatment Plant (STP) was functional or not for any time and whether there was any past violation and appropriate action for past violation if any found, shall be taken in accordance with law after giving due opportunity of hearing to all concerned parties.

The Principal Bench of Justice Sudhir Agarwal and Dr. A. Senthil Vel disposed of an application raising the grievance regarding authorized and illegal disposal of untreated liquid waste generated at ATS Triumph Sector, 104, Gurugram, Haryana.

It is said that a sewage treatment plant was established but not running, hence, waste water was not properly treated and thrown in the open land through tankers and thereby violating the provisions of Water (Prevention and Control of Pollution) Act, 1974.

The complaint was considered by the Tribunal on 09.08.2023. It found that a substantial question relating to environment has been raised, hence issued notices to the respondents and also called for a factual report by constituting a Joint Committee comprising a representative of Haryana State Pollution Control Board (HSPCB)and Collector, Gurugram. Pursuant to the order of 09.08.2023, joint committee has submitted a report dated 22.11.2023.

It is not disputed by the applicant that presently STP is in operation. However, whether there is any past violation or not in this regard neither anything has been said in the Joint Committee report nor State PCB has filed any reply to throw light on their aspect.

“Under these facts and circumstances, after hearing all learned counsel for the parties, we find it appropriate to dispose of this application by directing State PCB to visit the site, find out when occupancy of the society was allowed by developer/builder i.e. Respondent No. 2 & 3 STP was functional or not for any time and whether there was any past violation. Appropriate action for past violation if any found, shall be taken in accordance with law after giving due opportunity of hearing to all concerned parties. “

The applicant further stated that there is no proper arrangement for disposal of solid waste.

The Bench is of the view that HSPCB shall also find out whether solid waste is properly disposed or not and in case any defiance is found, appropriate action shall be taken in accordance with law .

The National Green Tribunal (NGT) has constituted a two-member committee to submit a factual and action taken report on mobile towers in public parks of Faridabad.

The principal Bench of Acting Chairperson Justice Sheo Kumar Singh and Dr. A. Senthil Vel heard an application raising the grievance of installation of mobile towers in public parks in contravention of provision of Section 4 of Punjab Road and Controlled Areas Restriction of Unregulated Development Rules, 1965 and in violation of Section 42(8) and 43 (p) of Municipal Corporation Act, 1994 adversely affecting the environment.

The applicant has cited the directions issued by the Tribunal in Gautam Nagar Residents Association Regd. Vs. Commissioner, SDMC & Ors. vide order dated 19.07.2022, in which it has been directed that DPCC/Municipal Corporation, Delhi have to ensure that the park is not used for any non-conforming purposes.

“A substantial issue of environment has been raised”.

The NGT issued notice to the respondents and deemed it just and proper to call a report on the matter in issue in present Original Application, from a Joint Committee consisting of:-

i. Commissioner Municipal Corporation, NIT, B.K. Chowk, Faridabad

ii. One representative from State Pollution Control Board, Haryana

The NGT directed the Committee to ensure that till further orders, no mobile towers should be installed in the park area in violation of Rules and the Committee is directed to visit the place and submit the factual and action taken report within six weeks. The State PCB will be the nodal agency for coordination and compliance.

The Matter is next considered by tribunal on 01.12.2023.

The National Green Tribunal directed the Additional Chief Secretary, Environment and Forest, Uttarakhand to furnish status on meeting/review conducted by the Committee (constituted by the Tribunal on the issue of unregulated violations of environmental norms ) under the Chairmanship of Chief Secretary, Uttarakhand.

The Principal Bench of Acting Chairperson Justice Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel heard an Execution Application has drawing attention of the Tribunal towards order dated 08.02.20223 passed in Original Application of 2022 where large scale, unregulated violations of environmental norms along with pilgrim tracks of Kedarnath, Hemkund Sahib, Yamunotri and Gomukh pilgrimage centres in Uttarakhand. Such violations inter-alia consist of indiscriminate disposal of plastic and animal waste, unregulated human waste, unregulated equine dung/waste/carcasses.

A Committee was constituted by this Tribunal in its Original Application which suggests certain remedial measures and recommendations which is as follows:- “xxx……………………………..xxx………………………………………..xxx

5. Concluding Remarks and Recommendations:

It is evident from the above observation that solid and plastic waste management is very poor in the pilgrim tracks, viz. Kedarnath, Yamunotri, and Hemkund Saheb. However, Gangotri-Gomukh trek has moderate level of management for solid waste which need to be strengthened. On the track, there was solid and plastic waste as well as mules/equines dung. No proper collection, transportation and disposal system for solid waste, plastic waste and dung was observed. Waste is swept to the side of the track by sweepers working to clean the tracks. The shelter/ghodapadav was found to be in extremely poor condition. In comparison to registered mules/equines, there are fewer and smaller shelters. All four pilgrim tracks have a dung heap at the shelter place. Disposal mechanism of dead body of mules/equines is not defined. Hence, Zila Panchayat, Chamoli, Rudraprayag and Uttarkashi may be directed to comply with following recommendations:

a. An initial level carrying capacity assessment of mules/equines on the track path is being done by GBPNIHE using preliminary data provided by the district authorities/agencies . However, a socio-ecological criteria based extensive study is required for the carrying capacity assessment of all the pilgrim tracks through reputed govt. Institute and accordingly allow pilgrims to visit. A system for managing and regulating people in pilgrimage locations, especially during peak season, should be developed (April, May and June).

b. The agency shall collect all solid and plastic waste, and site-specific mechanisms for its collection and transportation should be devised.

c. The agency needs to setup a solid waste processing plant. All solid waste should be properly treated/disposed off as per the Solid Waste Management Rule, 2016.

d. Plastic waste should be collected and disposed off through registered recyclers.

e. The agency should provide adequate space at ghodapadav/shelter. Dung generated from shelter and track should be cleaned at regular interval and disposed off as per the Solid Waste Management Rule, 2016.Dung at track should be cleaned at regular interval and immediately send to treatment area.

f. Agency should ensure proper treatment of liquid waste generated from mules/equines.

g. The State Government or Agency should provide a team of veterinarians to every pilgrimage site to ensure adequate care of mules and horses and to prevent animal abuse.

h. A system should be established to make sure that the post-mortem and verification of insured deceased mules doesn’t take too long, and that they are disposed of in accordance with CPCB guidelines.

i. Regular surveillance is required to ensure compliance with the above recommendations as well as proper enforcement of the Solid Waste Management Rules, 2016 and the Plastic Waste Management Rules, 2016, as amended.”

The Tribunal vide order dated 08.02.2023 further observed as follows:-

“5. The report shows serious failure on the part of Administration in the State in breach of its Constitutional responsibility for which accountability needs to be fixed and the situation remedied on war footing for protection of environment in fragile eco-system of Himalayas and upholding the principle of sustainable development. This needs to be taken up on priority at highest level in the Administration in coordination with all concerned. Such important and sensitive responsibility should not be left with Zila Panchayats without serious involvement of District Administration and the State at higher levels.

6 Accordingly, we allow this application and direct the State to forthwith take effective remedial measures in the matter. A joint Committee of Chief Secretary, Uttarakhand, Additional Chief Secretary, Environment and Forest, Uttarakhand, DGP, Uttarakhand, Director, G.B. Pant National Institute of Himalayan Environment & Sustainable Development, Director, Wildlife Institute of India, Dehradun, District Magistrates, Rudraprayag and Uttarkashi, Chairmen, Zila Panchayats, Rudraprayag and Uttarkashi Districts may meet within 15 days from today to take stock of the situation and prepare road map. The Committee will be free to meet online/offline, to undertake site visits and interact with stakeholders. The action plan may inter alia include limiting number of vehicles, type of vehicles, number of tourists, number of mules, consistent with the carrying capacity of eco-sensitive area. It may review and plan infrastructure for waste management, disposal of dead mules and other measures for protection of flora and fauna, safety precautions, installing locations for CCTV cameras, monitoring mechanism, control room, developing an appropriate mobile App, preparing SOP and display boards of do’s and don’ts, demarcation of areas where activities incompatible with environment are prohibited/regulated, sources of funds to sustain regulatory measures, traffic management at suitable locations, compliance of environment norms including Water Act, Air Act and EP Act, imparting awareness and education on environmental issues to the tourists, inhabitants and operators. The action plan may also include discouraging use of food and products packed in non-biodegradable packaging material, encouraging depositing waste at designated places, involving citizens – the youth, house-wives and senior citizens in guiding tourists in maintaining cleanliness and hygiene.

The taxi drivers and bus drivers may also be involved in creating awareness among the tourists. The execution of action plan may be duly monitored in the light of experience gained, the plan may be revised periodically every seasons or as per need. Waste processing/management facilities for bio-degradable and nonbiodegradable waste may be set up at appropriate locations which may be set up on contract basis or otherwise, using best practices on the subject. Requisite funds be allocated at district and gram panchayat level for execution of action plan which may be monitored at District Magistrate level and finally supervised by the Chief Secretary.”

A direction was issued to the Chief Secretary, Uttarakhand, Additional Chief Secretary, Environment and Forest, Uttarakhand, DGP, Uttarakhand, Director, G.B. Pant National Institute of Himalayan Environment & Sustainable Development, Director, Wildlife Institute of India, Dehradun, District Magistrates, Rudraprayag and Uttarkashi, Chairmen, Zila Panchayats, Rudraprayag and Uttarkashi Districts to take further actions in light of report submitted by the Committee and in view of the directions of the Tribunal .

According to the applicant, no steps have been taken to take remedial measures by the authorities concerned. Aggrieved by the inaction on the part of the Administrative Authorities, the applicant filed this Execution Application. The contention as raised by the Counsel for the applicant shows that the orders have not been complied with and no remedial action has been taken.

“In view of above, UEP&PCB and District Magistrates, Rudraprayag and Uttarkashi are directed to submit the action taken report in compliance of the order dated 08.02.2023 quoted above within three weeks by e-mail at judicialngt@gov.in preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. We further direct Additional Chief Secretary, Environment and Forest, Uttarakhand to furnish status on meeting/review conducted by the Committee under the Chairmanship of Chief Secretary, Uttarakhand in three weeks”, the NGT directed posting the matter on 04.09.2023 for further heraing.

With regard to allegations of illegal mining by Bharatiya Janata Party (BJP) Member Parliament from Kesar Ganj, Brij Bhushan Saran Singh in Gonda District of Uttar Pradesh, the National Green Tribunal (NGT) has constituted a Joint Committee to verify the factual position and take appropriate remedial action.

The Principal Bench comprising Justice Arun Kumar Tyagi and Dr. A. Senthil Vel heard an application raising regarding illegal mining by Brij Bhushan Sharan Singh Member in villages Majharath, Jaitpur, Nawabganj, Tehsil Tarbganj, District Gonda, illegal transportation of the extracted minor minerals by overloaded trucks numbering more than 700 everyday, storage and illegal sale of minor mineral measuring about 20 lakh cubic meters and damage caused to Patpar Ganj Bridge and Road by overloaded trucks.

Prima facie, the averments made in the application raise questions relating to environment arising out of the implementation of the enactments specified in Schedule I to the National Green Tribunal Act, 2010 , the NGT held.

In view of the averments made in the application, the NGT considers it appropriate that a Joint Committee be constituted to verify the factual position and take appropriate remedial action.

Accordingly, the NGT constituted a Joint Committee comprising of Ministry of Environment, Forest and Climate Change (MoEF&CC), Central Pollution Control Board (CPCB), National Mission for Clean Ganga (NMCG), Uttar Pradesh Pollution Control (UPPCB) and District Magistrate, Gonda and directed the same to meet within one week, undertake visits to the site, look into the grievances of the applicant, associate the applicant and representative of the concerned project proponent, verify the factual position and take appropriate remedial action by following due course of law and giving opportunity of being heard to the project proponent. The Committee may particularly clarify on compliance with Sustainable Sand Mining Management Guidelines, 2016 and Enforcement & Monitoring Guidelines for Sand Mining, 2020 including remediation/rehabilitation of mined areas and damage caused to river Saryu. The State PCB will be the nodal agency for coordination and compliance, the NGT directed.

Matter is listed on 07.11.2023 for further hearing.

The National Green Tribunal is of the view that proper methodology should be developed by the authorities concerned/Delhi Metro Rail Corporation (DMRC) to utilise water and to prevent throwing of water through pipeline on the road to create further nuisance and disturbance on the road side.

The Principal Bench Acting Chairperson Justice Sheo Kumar Singh, Justice Arun Kumar Tyagi, Dr. A. Senthil Vel heard an application raising issue in discharge of rain water on the road side and not to have proper methodology and manner of disposal or recharge of water and to utilize it by the DMRC.

It is further submitted that DMRC is violating Rule 50 of Delhi Water & Sewer (Tariff & Metering) Regulations, 2012 and considering the matter this Tribunal, vide order dated 27.04.2022, constituted a Committee consisting of DMRC, State PCB and Delhi Jal Board to have site inspection and take remedial action and submit factual and action taken report.

In compliance thereof, Counsel appearing for the DMRC has filed a report on 25.02.2023 and submitted that action has been taken by the authorities concerned and pipe has been extended and connected inside of pit to avoid spillage of water. The authorities have simply extended the pipeline on the road and no measures have been taken to utilize the water or to channelize it and water through pipe was thrown into the open road.

Accordingly, the NGT constituted a joint Committee consisting representatives from:

(i) Public Works Department, Delhi

(ii) Municipal Corporation of Delhi;

(iii) DMRC and

(iv) Delhi Pollution Control Committee

The Tribunal directed them to have a technical report with the help of technical officers for developing a methodology/engineered structured modal to reuse the water for plantation, water into barrage pass or recharging the groundwater and applying it to all such pillars.

The NGT directed that further action taken report be filed within four weeks and listed the matter on 31.10.2023.

The National Green Tribunal has directed a joint action taken report of the Central Pollution Control Board (CPCB) and the Delhi Pollution Control Committee (DPCC) to mention consent status, compliance status with reference to disposal of effluents into drain and its quality, location of dyeing factories units in non-conforming area and proposed remedial actions within three months.

The Bench of Justice Adarsh Kumar Goel, Justice Sudhir Agarwal, Dr. A. Senthil Vel heard an application against operation of dyeing factories operating without the consent/NOC/permission in Bindapur, Matiala, Ranhola, Khyala, Meethapur, Badarpur, Mukundpur and Kirar, Delhi.

It is stated that more than 500 such factories are operating which discharge effluents in open areas, Nazafgarh drain or Swaroop Nagar Drain which goes and meet River Yamuna. They are also extracting groundwater illegally. There is no Common Effluent Treatment Plant (CETP) for treating the effluents. Testing of water quality in the area shows high pH, turbidity, bad odour, total dissolved solids (TDS), total suspended solids (TSS), biochemical oxygen demand (BOD), chemical oxygen demand (COD), chloride, nitrate, sulphuric acid, heavy metals and low dissolved oxygen (DO). Effluents are highly toxic, carcinogenic and hazardous to the health of the people residing nearby. Dangerous diseases like asthma, cerebrovascular diseases, lung diseases are significantly higher- 40 times higher, skin irritation and respiratory diseases. Out of the same, the applicant has named 21 units.

The applicant has further stated that he has filed representations dated 09.05.2022 and 22.08.2022 with the DPCC, on the basis of a media report highlighting the problem. The DPCC forwarded the complaint to Commissioner, MCD South but no action has been taken thereon. SDM, Patel Nagar also forwarded the complaint to MCD (West Zone) Shivaji Place, Raja Garden, New Delhi in continuation of earlier letters on the issue.

The Supreme Court in (2004) 6 SCC 588, M.C Mehta v. UoI & Ors. directing shifting/closing of industrial activities operating in violation of the Master Plan of Delhi. Monitoring mechanism was laid down therein as follows:-

“69 (8) We appoint a Monitoring Committee comprising: (i) Chief Secretary of Delhi, (ii) Commissioner of Police, Delhi, (iii) Commissioner, Municipal Corporation of Delhi, and (iv) ViceChairman of the Delhi Development Authority. This Committee would be responsible for stoppage of illegal industrial activity. It would, however, be open to the aforesaid members of the Monitoring Committee. to appoint responsible officers subordinate to them to oversee and ensure compliance with the directions contained in the judgment.”

The matter was also dealt with by the Tribunal by order dated 10.12.2020 in Satish Kumar v. UoI & Ors. and a group of matters about unauthorized operation of industrial units in residential areas or in compliance of environmental norms. The Tribunal noted that the Chief Secretary, Delhi was to head the Committee for enforcement of judgement of supreme Court. Accordingly, the Chief Secretary was required to be present before this Tribunal on 19.11.2019 and inadequacy of compliance was brought to his notice. Time bound action plan was directed to be prepared and executed. The Tribunal also considered a report of the DPCC to the effect that investigations of illegal units in non-performing areas were carried out. The Municipal Corporation also took a similar stand. The Tribunal finally disposed of the matter with following observations:-

“ 13. The matter having been monitored before this Tribunal for more than seven years, we do not find it necessary to keep the matter pending for indefinite period. It is for the statutory authorities to continue further steps for enforcement of environmental norms as per law. In view of order dated 20.3.2020, disposing of the final report of the OC headed by Justice Pratibha Rani, former Judge, Delhi High Court, further monitoring will be in terms of order of the Hon’ble Supreme Court in M.C. Mehta (supra), by the Chief Secretary, Delhi.

14. Accordingly, we close the proceedings with hope and expectation that the concerned authorities will take necessary steps for maintaining environmental norms. There has to be continuous vigil against causing of pollution, particularly burning of plastic and other waste for protection of environment and public health. The amount of compensation recovered must be properly utilized for legitimate purpose with the approval of the CPCB, as already directed. If there is any violation of environmental norms, the aggrieved party will be free to take remedies as per law, as and when necessary.”

In view of the above, the Tribunal directed that the Monitoring Committee appointed by the Supreme Court may look into the matter in coordination with other concerned authorities, including the CPCB and DPCC. A joint report of CPCB and DPCC may file an action taken report in the matter about compliance status in respect of units named in the application. The report may mention consent status, compliance status with reference to disposal of effluents into drain and its quality, location of these units in non-conforming area and proposed remedial actions within three months.

Matter is listed on 04.10.2023 for further consideration .